Text
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the goods listed in the separate sheet;
(b) 6,011,460 won;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
In fact, the plaintiff of the parties concerned is a company engaged in the business of manufacturing and selling industrial gas, and the defendant is a person who operates a liquid volcano gas filling station in the trade name from B to C at the time of stay.
On November 1, 2006, the Plaintiff entered into a contract for the supply of liquid volcano gas and the lease of equipment with the Defendant on November 1, 2006, and leased the goods listed in the attached list (hereinafter “instant storage tank”) necessary for the supply of liquid volcano gas to the Defendant.
(hereinafter “Equipment Lease Contract”). Around October 201, the Defendant leased C’s business site, including storage tanks, to gas text companies (hereinafter “gas text companies”). Around October 201, the gas text company entered into a separate agreement on the supply of liquefied gas with the Plaintiff, and used the storage tank as well.
However, upon the occurrence of a dispute between the Defendant and gas text, the gas text company entered into the business site of C around January 2015, the Plaintiff sent a certificate of content to the gas text company on April 13, 2015, and on April 14, 2015, the Plaintiff sent to the Defendant a certificate of content that it would enable the Defendant to use the storage tank normally by resolving the dispute between the two companies as soon as possible.
On April 29, 2015, the Defendant sent to the Plaintiff a certificate of content that demanded the Plaintiff to immediately move the storage tank.
Accordingly, on May 19, 2015, the Plaintiff sent to the Defendant a certificate of content that the storage tank will be removed on May 21, 2015, and the Plaintiff intended to remove the storage tank on May 21, 2015, but failed to remove the storage tank by the Defendant at the wind demanding the storage cost of the storage tank.
According to the results of appraisal of clinical fees conducted by appraiser D, monthly rent for storage tanks is KRW 369,180 per month from May 22, 2015 to May 21, 2016, and KRW 316,260 per month from May 22, 2016 to May 21, 2017, and KRW 270,90 per month from May 22, 2017 to May 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 7, 8 (including paper numbers, hereinafter the same), 11, and Eul.